30 Oct 2023
On the balance of probabilities the plaintiff failed to prove she slipped because of a wet floor; alternatively, the defendant established it had reasonable and adequate cleaning and inspection systems and thus discharged its occupier's duty; accordingly the plaintiff's claim is dismissed.
11 Jul 2008
Court found on balance of probabilities that plaintiff was sober, the washroom floor was wet, dirty and slippery and that the defendant failed to rebut the prima facie case of negligence and breach of the Occupiers Liability Ordinance by failing to maintain a safe washroom; therefore defendant liable for plaintiff's injuries and damages as assessed.
8 Nov 2007
The court accepted the Plaintiff's account that she slipped on soapy water likely originating from a partially rinsed mop and rejected the cleaner's inconsistent testimony; the management company was found to be an occupier under the management agreement and failed to discharge its duty by not supervising or checking the contractor or implementing safety measures; the independent contractor defence was not pleaded and in any event there was no evidence of reasonable selection or supervision; there was no contributory negligence; therefore the Defendant was liable and judgment was entered for…